A crafty squatter in Lower East Side apartment bilked his landlord out of at least $72,000 in rent over three years and then made tens of thousands in profit by subletting the unit. The computer programmer, Thor Boucher, claimed he didn’t have to pay rent due to noise and shaking in the building, but had no problem renting the space out on platforms like Airbnb and Craigslist for a profit. Landlord Ed Yau feels betrayed by the system and believes that housing court is not functioning properly, allowing tenants to exploit the situation without consequences.
Despite not paying rent, Boucher was subletting the apartment to others, charging as much as $1950 per room monthly since November 2021. Efforts to evict Boucher have been hindered by New York’s tenant-friendly laws and the housing court system that Yau claims is biased towards tenants. Boucher also applied for the state’s COVID rent-relief program in 2022 and 2023, which prevented Yau from evicting him during the application process. Yau’s state representatives, State Sen. Brian Kavanagh and State Assemblywoman Grace Lee, have provided sympathy but no concrete action to help him with the situation.
Elected officials tend to prioritize legislation and policies that benefit tenants over landlords to appeal to a wider voter base, according to Yau. The housing deal reached by Gov. Hochul and top state legislators for the delayed state budget includes a variant of the “Good Cause Eviction” bill, which allows tenants facing eviction to take landlords to housing court if their rent is increased by more than 5% plus the latest Consumer Price Index or 10% overall. Landlords would also be required to automatically renew leases for tenants who are up to date on their rent payments. Landlords fear that stories like Yau’s will lead them to pull their units from the market, putting them at risk financially.
Enacting policies like the “Good Cause Eviction” bill may have unintended consequences, such as scaring landlords from renting out their properties. Ann Korchak, president of the Small Property Owners of New York, warns that small building owners may be forced to stop renting if faced with issues like tenants not paying rent or abusing the system. Landlords, especially those with 1-3 family houses, may be reluctant to take on rental properties due to the risks involved, particularly when hearing about squatter horror stories like Yau’s. The lack of support for landlords in dealing with such situations can lead to financial hardships for property owners.
Despite the ongoing situation with the squatter in his apartment, Boucher, along with State Sen. Kavanagh and State Assemblywoman Lee, did not respond to requests for comment. Landlords like Yau continue to face challenges in evicting non-paying or abusive tenants due to tenant-friendly laws and the housing court system. The imbalance between tenant protections and landlord rights in New York’s housing policies creates frustrations for property owners who feel victimized by the system. Addressing the concerns of landlords and finding more balanced solutions to protect both tenants and property owners remains a complex challenge in the ongoing debate over housing laws and regulations.
